At a construction site ordered by a public institution, local government, private company, etc., if the construction project owner is the person who leads the construction and supervises and manages it, as a contractor under the Occupational Safety and Health Act, he is given the obligation to take safety and health measures for the contractor's workers and is responsible for the industrial safety and health of the contractor. In the event of a disaster, you will be held criminally responsible. In this case, the construction project owner is likely to actively strive to prevent industrial accidents of contractor workers, so the criteria for determining whether the construction project owner is a person who leads and supervises and manages construction is very important from the perspective of construction disaster prevention. This study examines the criteria for judgment on the person who leads, supervises and manages construction as presented in court precedents and the Ministry of Employment and Labor manuals, including ⅰ) whether or not it is a part of the business essential to the business operation of the construction project owner, ⅱ) only the construction project owner in the ordering project. Whether there are risks that can be identified and controlled; iii) Whether the company has a construction license or professional manpower for construction work; iv) Whether you are in a position to lead and manage construction; ⅴ) Construction work After organizing the performance location into whether it was within the construction project owner's workplace or a place controlled and managed, the appropriateness was examined through previous studies and cases. Among the above judgment standards, from the perspective of the contractor's industrial accident prevention, appropriate judgment standards for those who lead and manage construction work and judgment standards that should be excluded are presented on logical grounds, and the The conclusion was drawn that the criteria for judging a person need to be legislated. We hope that this study will be used as policy decision data for those who lead and manage construction work to prevent industrial accidents for contractors, or as basic data when revising the Occupational Safety and Health Act.